With a 13-7 vote, the bill passed the state Senate in June. According to Center Square, it prohibits the possession, sale, transfer, and manufacture of large-capacity magazines. While it exempts law enforcement and military members, the law also put a buyback program in place for large-capacity magazines.
According to the Daily Caller, a gun rights advocacy group, the Second Amendment Foundation (SAF) filed the latest of three lawsuits against a high-capacity gun magazine ban in a release on Thursday. Two other lawsuits were filed in June 2022 by two private citizens and the Firearms Policy Coalition (FPC).
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According to SAF founder and Executing Vice President Alan M. Gottlieb, Senate Bill 6 (SB6) “literally criminalizes one of the most common and important means by which Delaware citizens can exercise their right of self-defense.” In a release, Gottlieb noted, “In effect, SB6 makes self-defense a potentially criminal act, and that must not be allowed to stand.”
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According to the release, the SAF asked for a permanent injunction upon the state and the state’s employees. This could make sure the ban could not be enforced.
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The plaintiffs’ lawyers noted in a 25-page complaint that “Delaware arbitrarily labels standard capacity magazines capable of holding more than 17 rounds as “large capacity magazines” and bans them despite the fact that they, along with the firearms with which they are compatible, are in common use for lawful purposes. There is no historical tradition of this sort of firearm regulation in the United States.”
Democratic Delaware Governor John Carney weighed in on the law, stating, “We have an obligation to do everything we can to prevent tragedies like we’ve seen around the country from happening here in Delaware. We are not waiting to do what’s right–to take steps that will make our state safer.”
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Just the News reported that the lawsuit brought by the SAF says the law violates both the Second and Fourteenth Amendments of the U.S. Constitution by preventing gun-owning citizens from “exercising their fundamental right to keep and bear arms.” Adam Kraut, SAF’s executive director, said that the reduction of police manpower in communities meant “there is no guarantee that emergency calls to law enforcement will bring anything resembling a swift response.”
He added, “In the meantime, citizens must be able to rely on their fundamental rights, including the right to keep and bear arms for self-defense, and those rights must be protected.”
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